STATE OF GUJARAT Vs. JAKIR

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 05/07/1994 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.7 of 1998 acquitting the respondent - original accused from the charges leveled against him for the offence punishable under Sec. 302 of Indian Penal Code and Sec. 135 of the Bombay Police Act.

(2.) Facts of the case, in brief, are as under:- The deceased Akbar Hussain Rangrej was engaged in the business of T. V. Repair and Cable dish connection. As per the FIR dtd. 25/4/1997 filed by Mehboobkhan Padiyar, brother - in - law of the deceased, one Jakir @ Ayub Umar Makrani came to the shop of the decesed at about 1 o'clock and asked the deceased to go with him to his house to repair his T.V. The deceased and the accused started to leave and at that time the complainant also decided to join the deceased. On the way complainant stopped for a moment to talk to his sister - in - law and quitcly follwed the deceased and the accused. He witnessed the accused giving stab wounds to the deceased from a little distance and hence upon seeing such incident, rushed to his rescue. Thereupon, the accused ran and the deceased collapsed on the ground, people immediately gathered. Thereafter, the complainant carried the body of the deceased and on way met Saffrunissa and both of them took the deceased to Civil Hospital. In the Civil Hospital, the deceased has given history to the doctor regarding stab wounds by Ayub Umar Makrani. Thereafter, immediately the FIR was registered. The accused is said to have presented himself to the police station and produced the knife used in commission of offence.

(3.) On the basis of the said complaint, investigation was started and after thorough investigation, as there was sufficient evidence against the respondent - accused, Chargesheet was filed before the trial Court and the case was comitted to the Court of Sessions, which has been numbered as Sessions Case No.7 of 1998. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 302 of Indian Penal Code and Sec. 135 of the Bombay Police Act. The accused pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. At the conclusion of the trial, the learned Sessions Judge was pleased to acquit the accused from the charges levelled against him. Hence, the appellant has preferred the present Criminal Appeal challenging the judgement and order of acquittal.